James D. Noffsinger v. The Board of Parole CSP Solano et al

Filing 36

ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 28 by Judge Maame Ewusi-Mensah Frimpong. IT IS THEREFORE ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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JAMES D. NOFFSINGER,

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Petitioner,

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v.

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THE BOARD OF PAROLE CSP
SOLANO, et. al.,
Respondents.

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Case No. 5:22-cv-01531-MEMF (JDE)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the records and files

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herein, including the original petition (Dkt. 1), the operative amended petition,

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a combination of the original petition and Petitioner’s request for amendment

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(Dkt. 1 and Dkt. 12, collectively, “First Amended Petition”), Respondent’s

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Answer to the First Amended Petition (Dkt. 17) and supporting records,

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Petitioner’s Reply (Dkt. 24), the Report and Recommendation of the United

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States Magistrate Judge (Dkt. 28, “Report”), and Petitioner’s Objection to the

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Report (Dkt. 34).

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Having engaged in a de novo review of those portions of the Report to

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which objections have been made, the Court concurs with and accepts the

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findings and recommendations of the Magistrate Judge. For clarity, the Court

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notes that, in Ground One of the First Amended Petition, Petitioner may be

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raising Eighth Amendment arguments premised both on his original sentence

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and his continued incarceration resulting from the denial of parole. ECF No. 1

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at 5, 11-14. To the extent Petitioner challenges his original sentence, his claim

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must be denied for the reasons stated in the Report with respect to Ground

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One. ECF No. 28 at 4-7. In addition, to the extent Petitioner is challenging in

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Ground One his continued incarceration resulting from the denial of his

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parole, his claim fails for the reasons stated in the Report on this issue with

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respect to Ground Two. Id. at 7, 10-11.

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IT IS THEREFORE ORDERED that Judgment be entered denying the

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Petition and dismissing this action with prejudice.

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Dated: May 22, 2023

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______________________________________
____
__________________________
_

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MAAME
E EWUSI-MENSAH FRIMPONG
FRIM
U
it d St
t Di
t i t JJudge
d
United
States
District

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